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Michael ("Mike") J. Powell helps clients and counsel navigate the complexities and costs associated with intellectual property matters. Having practiced IP law since 1991, his extensive experience includes representing businesses in litigation and transactional matters involving patent, trademark, trade dress, copyright, trade secret, unfair competition, false advertising, antitrust and related issues. Mr. Powell is a registered patent attorney, a frequent lecturer on IP issues, and a registered IP mediator. Using knowledge, skills, and resources acquired over many years, Mr. Powell’s clients engage his firm’s services to simplify complex IP matters, reduce costs associated with IP issues, and avoid unnecessary litigation when possible.
Representative IP Mediation and Litigation Experience
· Trademark and Copyright Litigation - Successfully mediated resolution of federal case involving an alleged $30M damages based on claims of secondary trademark and copyright infringement liability.
· Manufacturing Patent Litigation - Counsel to international refrigeration hardware and food services equipment manufacturer in patent infringement litigation against competitor. Successfully mediated resolution of case including agreed upon injunctive relief.
· NPE Patent / Antitrust Litigation - Counsel to defendant accused by captive NPE of infringing patents with antitrust counterclaims against NPE and its parent. Successfully mediated case resulting in narrowing of issues and dismissal of patent claims.
· Copyright Litigation - Consulting expert for customer relationship management (CRM) software owner in U.S. District Court case for infringement, breach of contract, and conversion. Successfully mediated resolution.
· Patent, Trademark, and Trade Dress Litigation - Counsel to international food container manufacturer enforcing patent, trademark and trade dress rights against competitor in U.S. District Court. Successfully negotiated and obtained court-ordered injunctive relief.
· Computer Hardware and Software Patent Litigation - Defended subsidiary of publicly-traded company against patent infringement claims concerning wireless thin client technology. Successfully negotiated and obtained dismissal of claims.
· Trade Secret Litigation - Defended information technology (IT) consulting firm against claims that client had stolen trade secrets after client replaced competitor on multi-million dollar maintenance and upgrade of utility software and systems. Obtained dismissal. Affirmed by U.S. Court of Appeals. See Southern Nuclear Operating Company, Inc. v. Electronic Data Systems Corporation v. Computer Technology Solutions, Inc., 273 Fed.Appx. 834, 2008 WL 1700204 (11th Cir. 2008).
· Semiconductor Patent Litigation - Defended overseas manufacturer of computer chips (semiconductors and toroid transformers) and U.S. subsidiary against patent infringement allegations. See e.g., Halo Electronics, Inc. v. Bel Fuse, Inc. et al., 2010 WL 2464811 (N.D.Cal. 2010). Successfully obtained dismissal of U.S. District Court case following multiple mediations.
· Electronics Patent Litigation - Defended subsidiary of publicly-traded company against patent infringement claims filed by global competitor in U.S. District Court for the Northern District of Georgia concerning flicker compensation systems for flat panel displays. Successfully conducted negotiations and obtained dismissal of U.S. District Court case.
· Retail Patent Infringement Litigation - Counsel to national retailers (restaurant chain, electronics retail store, office supply retail store) defending against patent infringement claims made by Non-Practicing Entity (NPE or patent troll) concerning financial transaction systems. See Ware et al. v. Circuit City Stores, Inc. et al, 2010 WL 767094 (N.D.Ga. 2010). Successfully negotiated settlement agreements and obtained dismissals of U.S. District Court case(s).
· Retail Copyright Infringement Litigation - Defended national department store retailer and product supplier against allegations of infringing copyright and engaging in unfair competition. Obtained dismissal of allegations.
· Manufacturing Unfair Competition Litigation - Defended North American vehicle parts manufacturer against competitor's claims of unfair competition (trade dress), theft of trade secrets and unjust enrichment in Ohio state court. Successfully narrowed issues in dispute through mediation, conducted further negotiations, and obtained dismissal.
· Nitrile Glove Patent Litigation - Defended multiple glove manufacturers against allegations of patent infringement before the International Trade Commission and the U.S. District Court for the Northern District of Georgia. Successfully negotiated settlement agreements resulting in terminations of investigations and dismissals of court claims.
· Construction/Copyright Litigation - Consulting expert to litigation counsel for hotel owner accused, in construction dispute, of infringing architect's copyright in breach of contract for use of architectural drawings and specification after architect was terminated for cause. Obtained settlement.
· Non Profit IP Litigation - Defended 501(c)(3) organization against conversion and misappropriation of IP claims in trial, appellate and bankruptcy courts. Obtained court-ordered dismissals following multiple efforts to mediate resolution. See e.g., Fowler v. Our Loving Mother's Children, Inc. et al., 262 Ga. App. 288; 585 S.E.2d 211 (Ga. App. 2003); Little Drummer Boy Productions, Inc. v. OLMC, Inc. et al., 2001 WL 766963 (E.D.La. 2001); In Re Waitz, 567 S.E.2d 87, 255 Ga.App. 841, 2 FCDR 1817 (Ga. App. 2002).
· False Marking/Deceptive Trade Practices Litigation - Counsel to exclusive patent licensee in infringement, false marking, and deceptive trade practices case. Obtained court-ordered injunctive relief and damages. See Enforcer Products, Inc. v. Robert Birdsong et al., 98 F.3d 1359, 40 U.S.P.Q.2d 1958, 1996 WL 592161 (Fed. Cir. 1996).
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|GA||Active Member in Good Standing||1991||11/07/2015|
|Award name||Grantor||Date granted|
|Chambers USA: America's Leading Lawyers for Business||Chambers||2014|
|Best Lawyers In America||Best Lawyers||2014|
|Chambers USA: America's Leading Lawyers for Business||Chambers||2013|
|Georgia Super Lawyers||Law & Politics Magazine||2013|
|Listed in Best Lawyers in America||Best Lawyers||2013|
|Chambers USA: America's Leading Lawyers for Business||Chambers||2012|
|Georgia Super Lawyers - Top 100||Law & Politics Magazine||2012|
|Georgia Legal Elite||Georgia Trend Magazine||2012|
|Chambers USA: America's Leading Lawyers for Business||Chambers & Partners USA Guide||2011|
|Georgia Super Lawyers - Top 100||Law & Politics Magazine||2011|
|Georgia's Legal Elite||Georgia Trend Magazine||2011|
|Pro Bono Volunteer of the Year||Southface Energy Institute||2010|
|Georgia's Legal Elite||Georgia Trend Magazine||2010|
|Chambers USA: America's Leading Lawyers for Business||Chambers & Partners USA||2010|
|Georgia Super Lawyers - Top 100||Law & Politics Magazine||2010|
|Georgia's Legal Elite||Georgia Trend magazine||2009|
|Georgia Super Lawyers||Law & Politics Magazine||2009|
|Chambers USA: America's Leading Lawyers for Business||Chambers & Partners USA||2009|
|Georgia's Legal Elite||Georgia Trend Magazine||2007|
|Chambers USA: America's Leading Lawyers for Business||Chambers & Partners USA||2007|
|Association name||Position name||Duration|
|Georgia Office on Dispute Resolution||Registered Mediator (Intellectual Property)||2013 - Present|
|Intellectual Property Owners Association||Member||2006 - Present|
|State Bar of Georgia||Chairman - Management Information Systems Committee||1998 - 2000|
|United States Patent and Trademark Office||Registered Patent Attorney||1995 - Present|
|State Bar of Georgia||Member||N/A|
|International Trademark Association||Member||N/A|
|American Intellectual Property Law Association||Member||N/A|
|Navigating IP||Summertime, The American Dream & Intellectual Property||2014|
|The National Law Journal||Quick Takes from IP Practitioners [on 2012-2013 developments]||2013|
|World Intellectual Property Review||Congressmen target NPEs with loser-pays bill||2013|
|World Intellectual Property Review||Google Lends Hand in NPE Fight||2013|
|World Intellectual Property Review||Law Students Join App Developers in NPE Fight||2013|
|Daily Report||ON THE MOVE: IP Lawyer Leaves Baker Donelson To Go Solo And Simplify||2013|
|Daily Report||IP Law in 2014: A Moving Target||2013|
|Westlaw Journal, Computer & Internet, Volume 30, Issue 6||"Copyright: Flava Works, Inc. v. Gunter - 7th Circuit tosses injunction against social video-bookmarking site"||2012|
|Popular Science Magazine, October 2012||"FYI: Is It Legal To 3-D Print A Handgun?"||2012|
|Law 360||"Yahoo's IP Suit Against Facebook Could Backfire, Attys Say"||2012|
|Eighth Annual SpringPosium IP Conference, Atlanta Bar Association and Georgia State University College of Law||Doing More With Less: Effective Strategies for Policing Your Brand While On A Tight Budget||2012|
|Managing Intellectual Property Magazine||Google Fortifies Patent Portfolio With Motorola Deal||2011|
|Portfolio Media (Law360)||First-To-File Patent System To Favor Big Biz||2011|
|AOL Government||Patent Reform Elicits Cheers From Business, But USPTO Faces Big Challenges||2011|
|FOX Business||Businesses Cheer Patent Reform, Hurdles Still Loom||2011|
|The National Law Journal||Patent Reform - Practitioners Sound Off On The Merits And Drawbacks Of The Sweeping New Law||2011|
|Furniture Transporter - International Furniture Transportation and Logistics Council||Technology News - Motor Carriers Being Hit With Lawsuits||2011|
|BNA's Electronic Commerce & Law||"Second Circuit Says eBay Is Neither Direct Nor Contributory Infringer of Tiffany Marks"||2010|
|HR.com||"Legal Issues Presented By Social Networking"||2009|
|Navigating Intellectual Property Disputes, part of the Inside the Minds series, Aspatore Books||Changing Trends in IP Disputes||2009|
|Law360||Recession-Proofing: IP is Key||2009|
|SmartBusiness Magazine||Avoiding Infringement: Minimizing Risks Posed By Intellectual Property Litigation||2008|
|Henning Mediation and Arbitration Services||40 Hours Civil Mediation Training||Certificate of Completion||2013|
|Georgia State University College of Law||Law||JD - Juris Doctor||1991|
|Loyola University New Orleans||Physics||BS - Bachelor of Science||1988|
|Top Entrepreneur Strategy Conference||Intellectual Property For Entrepreneurs||2014|
|The Corporate IP Institute||Mediating & Arbitrating Intellectual Property Disputes||2013|
|The Corporate IP Institute||Social Media Considerations for IP Counsel||2012|
|John Marshall Law School Career Day||The Practice of Intellectual Property Law||2012|
|Emerging Companies Boot Camp||Intellectual Property Essentials||2012|
|The Corporate IP Institute - Atlanta, GA||Ethical Issues Facing Corporate IP Counsel||2011|
|IP Litigation Committee Roundtable||Strategic Implications of the Patent Reform Act of 2011||2011|
|Intellectual Property Litigation Committee of the ABA Section of Litigation Roundtable||Use of Competitor's Trademark in Keyword Advertising: Infringement or Not?||2011|
|2011 Annual Meeting - Washington, DC||Day of the Trolls: The Pros and Cons of Settling a Patent Case and Taking a License When the Products Do Not Seem to Infringe||2011|
|The Corporate Intellectual Property Institute||Social Media and Networking - Pretty Cool or Downright Dangerous?||2010|
|Sixth Annual SpringPosium Intellectual Property Conference||Ethical Considerations in IP Practice||2010|
|Intellectual Property Litigation Committee of the ABA Section of Litigation Roundtable||"Implications of Recent Court Decisions on the Application of the 'Entire Market Value Rule' to Patent Damages Analysis"||2010|
|The Corporate Intellectual Property Institute||"Patent Strategies for Competing in a Down Economy"||2009|
|Professional MBA Program, Georgia State University, J. Mack Robinson College of Business||"Managing Legal Risks and Lawyers"||2009|
|Intellectual Property Owners' Association, 37th Annual Meeting, Chicago||"Trademarks In Distress! (How to Buy and Sell Trademarks in Bankruptcy)"||2009|
|4th Annual IP Hot Topics Luncheon||How to Survive in an Upside Down Economy - Recession-Proofing Tips and Trends from an Intellectual Property Perspective||2009|
|Fourth Annual SpringPosium Intellectual Property Conference||The Impact of Electronic Discovery on Corporations||2008|
|Lorman Seminars - Atlanta, GA & Birmingham, AL||Fundamentals of Intellectual Property Law||2006|
|Art Institute of Atlanta||"Intellectual Property For Artists,"||1998|